An individual has intentionally or recklessly caused physical harm or injury to another person.

An individual has deliberately issued threats of physical harm to another person.

An individual has deliberately used provocative physical contact on a person.

Being convicted of Texas assault charges may lead to hefty fines, jail time, parole, inability to qualify for certain jobs and loss of the right to own a firearm. If you’re facing assault charges, it’s important that you seek legal advice and representation from a reputable Houston criminal defense attorney.

A misdemeanor or a felony?

The circumstances surrounding the alleged crime as well as the specific regulations of the state in which the assault took place will determine whether the assault will be a felony or a misdemeanor. Under Texas law, for example, assault can be charged and prosecuted as a misdemeanor or a felony.

Types of Assault Offense Charges

Class C Misdemeanor Assault

An assault is deemed to be a Class C misdemeanor if:

You physically touch another person in a provocative or offensive way.

You issue threats of physical harm or injury although no physical injury transpires.

This charge attracts fines of up to $500.

Class B Misdemeanor Assault

This type of assault applies exclusively to sports situations. If an individual such as a fan assaults active sports participants such as referees, umpires, and players as part of revenge attacks because of a sporting event or during a game, the assault is rated as a Class B Misdemeanor. Note that this classification only applies to a situation involving a nonparticipant and a sports participant. This charge may attract fines of up to $2000 and a six-month jail sentence, or both.

Class A Misdemeanor Assault

In Texas, an assault that causes physical harm or injury to another person is classified as Class A Misdemeanor. Furthermore, an assault on the elderly or persons with disability is also rated as Class A Misdemeanor even if they didn’t suffer any physical harm or injury. The punishment may be a 1-year jail sentence or fines of up to $4000, or both.

Third-Degree Felony

Despite the fact many simple assault cases are charged and prosecuted as misdemeanors, there are specific aggravating elements that may cause those charges to become a third-degree felony. These aggravating factors include:

An assault on a government official or public servant

An assault on a security officer or emergency services staff

An assault on a domestic partner or family member

The punishment for a third-degree felony may include up to ten years imprisonment and $10,000 fine.

Second-Degree Felony

This is the charge typically used for aggravated assault, which involves the use of a deadly weapon or an assault that results in serious physical injury. Second-degree felony assault also applies if you attack your dating partner or family member having previously been convicted of an assault. This charge carries a maximum of a 20-year jail sentence and fines of up to $10,000.

First-Degree Felony

This charge applies in cases involving aggravated assault against a security guard, a criminal witness, a public servant or an informant. This charge attracts fines of up to $10,000 and a potential life imprisonment.

Seek legal help

While a simple assault may appear like a minor offense, remember that a conviction may carry a jail sentence and a fine. Therefore, you shouldn’t waste any time in getting in touch with a criminal defense attorney.